Pre-trial punishment is prohibited; bail granted as no custodial interrogation deemed necessary based on documentary evidence.

JUDGMENT :

(Virender Singh, J.)

The above-titled bail applications are being disposed of by the common order, as, all the four bail applications have been filed, in the same FIR, i.e. FIR No.10/2025, dated 10.02.2025, registered under Sections 420, 468, 471 , 409 and 120B of Indian Penal Code (hereinafter referred to as the ‘ IPC ’), with Police Station Arki, District Solan, H.P.

2. These bail applications have been filed by the above-named applicants, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘ BNSS ’), for passing a direction, in their favour, directing the Investigating Officer/police of Police Station Arki, District Solan, H.P., to release them on bail, in the event of their arrest, in the above-noted FIR. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

3. According to the applicants, they are innocent persons and have falsely been implicated, in the said case. The story of the prosecution is stated to be concocted one.

4. Apprehending their arrest, it has been averred that they have nothing to do with the alleged offence, as, they are reputed Government servants, working in the Government Degree College, Arki, District Solan, H.P. and having deep roots in the society.

5. On the basis of above facts, certain undertakings have been given, on behalf of the applicants, for which, the applicants are ready to abide by, in case, any direction is issued to the police/I.O., in this case.

6. Vide orders dated 13.02.2025 and 14.02.2025, this Court has granted the interim bail to the applicants and State was directed to file the status reports. Consequently, status reports have been filed.

7. As per the status report, filed on 20.02.2025, on 10.02.2025, complainant-Sunita Sharma, Principal, Government Degree College, Arki, District Solan, H.P, had submitted a complaint to the Police Station, upon which, HC Hira Singh No.46 reached at Government Degree College, Batal in order to verify the contents of the complaint, where, the complainant got recorded her statement, under Section 173 of the BNSS .

7.1. In the statement, complainant has disclosed that she is working as Principal in Government Degree College, Arki since 25.08.2023. When, she assumed the charge of Principal, then, she found that in the year 2021- 22, to upgrade the Government Degree College, Arki as College of Excellence, Government had allotted a sum of Rs.1 crore. The said amount was meant for the development of the college. As per the record, out of the amount of Rs.1 crore, Rs.8,81,950/- was spent for the construction of Basketball Court, whereas, amount of Rs.3 lacs was spent for the construction of Open Air Gym. As such, total amount of Rs.11,81,950/- was transferred to M/s Nandan Contractors & Supplier, Mandi, on 19.03.2022, by Treasury, Arki. However, according to her, till the date, when, she made the statement, in the Arki College Campus, neither, Basketball Court, nor Open Air Gym, were constructed.

7.2. As per further contents of the complaint, made by the complainant, after completion of the said work, the recommendations were to be made by the Committee, constituted for the purpose, for release of the amount, however, the said Committee, without getting the work done, had recommended the payment in favour of Nandan Contractor. The Committee Members were Dr. Dinesh Singh Kanwar, Coordinator, UMY (Associate Professor English) (applicant in CrMP(M) No.245 of 2025), Dr. Ramesh Sharma, Convener (Assistant Professor English) (applicant in CrMP(M) No.248 of 2025), Dr. Prem Pal, Member (Assistant Professor Music), Mr. Ravi Ram, Member (Assistant Professor P.E.T.) (applicant in CrMP(M) No.259 of 2025), Dr. Munish Kumar, Member (Assistant Professor Commerce), Dr. Adarsh Sharma, Member (Assistant Professor Geography) and Mr. Rajeshwar Sharma, Member (Clerk) (applicant in CrMP(M) No.257 of 2023).

7.3. During the said period, the Officiating Principal- cum-DD was Dr. Jagdish Chand Sharma, Associate Professo